President Obama and His Immigration Policy - Report Example

ESSAY PRES. OBAMA AND HIS IMMIGRATION POLICY: AN INSIGHT History April 12. This essay talks about the proposed immigration policy of President Obama. As he claims, this is only a back-up plan in case the House version of the bill does not work. The back-up plan is an indication that he is getting impatient with the length of time the House is contemplating on the new immigration law. The proposal of President Obama focuses on the plight of 11 million undocumented immigrants in the United States and he believes it is time that they are granted legal permanent status or citizenship. The President believes it that giving them a legal status would be good for the economy, and would curtail illegal entrance of immigrants. The paper is arranged in four parts. First part discusses the trend of the number of immigrants and the challenges faced by the undocumented ones. Second is a review of the current immigration law; third is the proposal of Pres. Obama and fourth are the criticisms from opponents. Secondary sources of information coming from articles and news of reliable sources are used in order to form a valid presentation of facts. The conclusion formed that was rallied behind criticisms is that the proposal will curtail illegal entry of immigrants. But critics will forever stay because nothing is perfect, and people will always say something, good or bad. Pres. Obama and his immigration policy: An insight Will it work with opposition? Migration to the United States has been the dream of many foreigners thinking that this is a land of milk and honey. Foreigners from many places came to the United States since 1800s in search of gold and good fortune. It was easy to enter the US before but since the influx of immigrants became a disturbing economic problem, the Federal government set rules for immigration. Immigration rules were heretofore followed strictly ever since. Many changes were made to set it along the lines of modernity, with changes coming from the directives of each U.S. President and the Congress. President Barack Obama is no exemption, because his directives today on immigration, plans to build a smart, effective immigration system that will secure the U.S. borders and will crack down on employers who hire undocumented immigrants. According to reports, there are 11 million undocumented immigrants in the U.S. who are living on shadows; and there are employers who take advantage and hire them (The White House). Undocumented immigrants, once caught, faces deportation, or under the new proposal will receive fines, penalty, be required to pay taxes, and will be subjected to a background check; and if qualified becomes eligible for a Legal Permanent Resident status. These fines and penalties apply to employers too. Given that the immigration rules promises foreigners entry to the U.S., will this end up illegal entries? What does Pres. Obama’s critics say? Literature review Our literature review is directed by the following research questions? Who are the immigrants to U.S, and what challenges do they face in their attempt to enter the U.S? In the study of immigration rules, it is significant that we know the people affected. In 2010, Center for American Progress (June 7, 2012) reported that there are 33.9 million legal immigrants in U.S. Out of this figure, 44 percent were naturalized citizen, 24 percent were legal permanent residents,29 percent were unauthorized migrants, 3 percent were temporary legal residents (such as students or temporary workers). This number does not include the 11 million undocumented immigrants (Preston, Julia, Sept. 23, 2013). According to Preston, this figure has remained steady from 2009 to 2012 despite deportations and stepped up border enforcement and crackdown of illegal immigrants in Georgia, Arizona, and Alabama. Undocumented immigrants reached its peak of 12.2 million in 2007, from 3.5 million in 1990. This number declined to 11.3 million in 2008 and 2009. After 2009, reports said it has leveled off, but the timing of decline was during the recession period. According to Pew Research, 60% of the unauthorized immigrants live in California, Texas, New Jersey, New York and Texas. In terms of origin, about 6.05 million or 52% of unauthorized immigrants are Mexicans.(Passel, Cohn and Barrera, Sept. 23, 2013). Legal immigrants do not encounter many problems with their immigration status. But the challenges of undocumented immigrants in their attempt to stay in the U.S have a significant impact on immigration policies of the State. Undocumented immigrants are mere victims of economic forces or forces beyond their control. They are not criminals but people who made difficult choices in the American environment. Undocumented immigrants face several risks upon entering this soil. They complain of discrimination that results to anxiety and depression ( Fortuna, Lisa R. and Porche Michelle .August 15, 2013) Fortuna and Porche are both specialists in Psychiatry. In their study of undocumented immigrants at a Mental Health Program in New York, they found out that that these people had a significantly greater number of stressors than legal residents and US-born citizens. In the same way undocumented students felt disappointed that they are not given a fair chance in college education and student program.(Ran Tiffany. September 29,2011) The film entitled “ The Terminal”(2004) depicted the plight of an immigrant caught in a difficult situation wherein he could not go back to his country because of political conflict. He could not speak English so it was too difficult for him. This is only a story, but the immigration officers should have given him Deferred Enforced Deportation, for humanitarian consideration, instead of allowing him to stay at the lobby of the airport for many days.(IMBD) www.imdb.com/title/tt0362227/‎ Clearly, the number of undocumented immigrants has tapered off, but the challenges they deal with are varied and many, so much so that this becomes a big political issue that needs to be addressed by immigration. Discussions and Analysis An overview of the current immigration policy of the United States The United States government allows a permanent immigration of 675,000 immigrants annually. Their entry to the U.S. is based on the Immigration and Naturalization Act (INA) that allows entry on the basis of principles of reunification of families, admitting of highly skilled immigrants that are valuable to the economy; protecting refugees, and promoting diversity. (Immigration Policy Center). . But in certain circumstances, the President and the Congress can make separate number for refugees. Following is a discussion of how immigrants are admitted to the United States (lifted from the Immigration Policy Center: March, 2014). 1. Family-based immigrants. Immigration and Naturalization Act approaches this as a family reunification policy. This act allows U.S. citizens and permanent residents to bring in immediate relatives to the U.S. The government has reserved 480,000 family visas every year for this category. But bringing in relatives to U.S. are subject to certain rules that they should be spouses of a U.S. citizen; that children to be petitioned should be minor (under 21 years old and unmarried); and the sponsor petitioning their parents should be 21 years. Although there is an established limit, calculation of visa allocations have been made difficult by Congress. (I dare not include it here because it is complicated) 2. Under the family preference system, a U.S. citizen or an LPR can sponsor an immediate relative upon completion of requirements that require him/her to establish legitimacy of relationship, meet certain financial requirements and to file an affidavit of support that they will be financially responsible to their relative upon arrival to the U.S. 3. Employment based visas are reserved for those skilled workers. These visas are either temporary or permanent. Temporary visas are for highly skilled workers and most often are sponsored by companies for specific jobs. 4. The government has reserved a visa of 140,000 every year which are divided into 5 categories. 40,000 visas are reserved for persons of extraordinary ability” in the arts, science, education, business, or athletics; outstanding professors and researchers, some multinational executives. 40,000 visas are reserved for Members of the professions holding advanced degrees, or persons of exceptional abilities in the arts, science, or business 40,000 skilled workers with at least two years of training or experience, professionals with college degrees, or “other” workers for unskilled labor that is not temporary or seasonal. 10,000 Certain “special immigrants” including religious workers, employees of U.S. foreign service posts, former U.S. government employees and other classes of aliens. 10,000 Persons who will invest $500,000 to $1 million in a job-creating enterprise that employs at least 10 full time U.S. workers. 5. Applicants for U.S. citizenship must be at least 18 years old, demonstrate continuous residency, demonstrate “good moral character,” pass English and U.S. history and civics exams, and pay an application fee, among other requirements. 6. Refugees and asylums. This category is given to people getting out of their country due to persecution and those who cannot return because of life-threatening or extra-ordinary conditions. In 2013, the total worldwide refugee ceiling set by the government was 70,000. 7. The Diversity program was created for immigrants of countries where there is low participation in the U.S. A total of 55,000 visas are allocated under this program. 8. Other forms of humanitarian relief are through Temporary Protected Status that is given to those people who are in the U.S. but cannot go home because of natural disaster, on-going armed conflict, or extraordinary on-going conditions; or through Deferred Enforced Departure. People under DED gets protection from deportation because they cannot return to their country due to its unstable conditions. 9. U.S. citizenship is acquired through naturalization process. But before being naturalized, one must be a green card holder for 5 years, or a U.S. citizen spouse. Applicant must be 18 years and have been a long time resident of the U.S., of good moral character, and must pass English and civic exams. The Pres. Obama reforms on immigration In recognition of the burgeoning problems of 11 million undocumented aliens who lived under the shadow in the U.S. while employers take advantage of hiring them for some reasons, U.S. President Obama believes the situation is not good for the economy. To put an end to this, President plans to build an effective immigrations system that: “will secure our borders and cracks down on employers who hire undocumented immigrants. It’s a plan that requires anyone who’s undocumented to get right with the law by paying their taxes and a penalty, learning English, and undergoing background checks before they can be eligible to earn citizenship. It requires every business and every worker to play by the same set of rules.”(White House) President Obama’s proposal is committed to continued strengthening of border security; streamlining legal immigration; earned citizenship, and cracking down on employers hiring undocumented workers. In strengthening border security, he means to give law enforcement the tools to make the communities safer from crimes, to enhance technology and infrastructure, and to strengthen government’s ability to remove crimes and apprehend and prosecute threats to national security.(White House) In streamlining legal immigration, Pres. Obama proposes to make rules simple and efficient. He proposes to provide visas to foreign businessmen who are going to invest in the U.S. He wants to extend visas to foreign graduate students in science and math so they may stay after graduation; and to reunite families.(White House) Pres. Obama proposed earned citizenship to undocumented immigrants in a legal way. This means the U.S. administration will be giving visa for the undocumented aliens and allow them to become legal permanent residents within eight years, after which they become qualified to be a U.S. citizen (White House). His administration will look for employers hiring undocumented migrants and will hold them accountable for this. Critical Thoughts on Pres. Obama’s immigration proposals Although his proposals were meant for the good of immigrants and for the economy of U.S., still his proposals earned various criticisms from the Congress and concerned groups. The Republicans and Democrats predicted failure for his proposal of overhauling the immigration system. Its proposal of putting the 11 million illegal immigrants to the pathway of citizenship would not win, his opponents predicted. His opponents assured that Obama’s immigration proposals will not succeed when it reaches Congress. (Aljazeera) Arguing on this, the Administration pulled a reason that Pres. Obama’s proposals are only back up plans in case Congress’ own version will not work. The mere presence of a back-up plan is an indication that the President is rushing up the immigration bill. Aljazeera’s continued with the comments coming from Pres. Obama’s opponents such as: borders’ security would require funding and would need a system for businesses to check on the status of immigrants before hiring. Before an undocumented immigrant is allowed to stay in the U.S., and qualify for a new visa, he/she must pass a criminal background check, go to a biometric information and pay fees. Those that do not qualify are deported. On deportation, Pres. Obama is criticized by immigration advocates and calls him a “Deporters’ King” because his administration showed a record of two million deportation since he became president. Replying to this criticism, he defended himself by saying that he has to look after the law and he will continue doing so until the Congress passes the new comprehensive immigration bill. He refused to be called so, but rather likes the term “champion-in-chief of comprehensive immigration reform.” (Nakamura, David. March 6, 2014). Pres. Obama is accused by Congress as acting too swiftly at the expense of immigrant families. In his efforts to enforce the law, Pres. Obama is caught in a dilemma. If he decides to wait for the Republicans to act on the legislation (which is taking too long); he will be separated from his Latino voters, but if he continues with the deportation, the Democrats and other immigration reformers will be more angered as they are already bothered with the high rate of deportees. If he takes another course of action on curtailing deportation, he will lose his chance of pressuring the Republicans to pass the bill (The Hill). Pressure groups criticized Pres. Obama saying that his deportation policies are tearing apart families. While imposing the law, critics say that he uses the policy of prosecutorial discretion that gives him the power to do more. (The Hill) The immigration proposal seems to be a tough issue on both the Congress and the Senate. The Congress wants it to be a slow, step by step process, a series of bills, while the Senate wants a comprehensive bill, and it seems impossible that that the two houses will reach a final agreement in the immediate time. Congress argues that with the step-by-step process; the “House would eliminate the ability of any administration to arbitrarily decide which laws to impose.”. Further it is implicit that they distrust Pres. Obama, and that is reason why they reject the reforms even if they know its merits. Meanwhile in November, last year, Pres. Obama, insinuated his agreement to the step by step approach which was appreciated by house Speaker Boehner. (Benjy Sarlin 18 February 2014) In his immigration crusade, Pres. Obama found allies in the Congress, with House Speaker John Boehner, who said that Congress should deal on creating jobs and growing the economy which he believed could be achieved by passing the immigration proposals of Pres. Obama; and the House Republican Leaders who had unveiled their version of immigration reform plans ((MNSBC, Jan. 31, 2014). Accordingly, this version allows immigrants to come and get into the law by admitting their violations, pay back taxes and fines, and pass a background check. Their version also allows students an opportunity for legal residence and citizenship. But this proposed version is only as far as the GOP could go. Conclusion The proposed Immigration plans of Pres. Obama are in line with the Immigration and Naturalization Act being imposed by the Bureau of Immigration. However, it is noted that the proposal is focused on the solving the issues of legalization of undocumented aliens only. With this proposal, it will become easy for the 11 million undocumented immigrants to come out and become legalized, and be part of the citizenry of the U.S. The literature review shows the trend of undocumented immigrants has declined due to economic recession, but still the number is great to be forgotten. The difficulties they all underwent while in hiding manifests humanitarian consideration. The proposal of Pres. Obama is encouraging. However legalization of these aliens should be premised on specific dates, and a registration, after which, there will be no more acceptance. Immigration rules should be strict on this; otherwise, the problem of undocumented immigrants will not end. Failing to qualify, the Administration has a clout to deport undocumented immigrants. Of course, there will be funding for border’s security; but these expenses can be offset by funds to be collected from documenting immigrants. Critics of Pres. Obama, or of any Presidents, for that matter will forever stay because of personal ambitions, some of whom had secret wish to be Presidents. Oppositions will always look for political issues to talk about; it is their duty to their party, anyway. But for me, Pres. Obama should stay straight with his proposals for immigration because talented and skilled workers, and top-notched students, for instance have something to contribute to the economy. Entrepreneurs can create businesses where there will be job creation and opportunities to expand production. Family reunification strengthens family ties since family is a most important unit in our society. But specifics in the immigration should be given attention, such as the visa quotas reserved for each category. The experience of my foreign friend in applying for a visa was quite terrifying because she was denied three times at the U.S. Embassy in her country (the Philippines), and on the 4th time when finally her visa application was approved, at the airport she was submitted to a humiliating series of interrogations thinking that she intends to stay there for good and go on hiding. She applied for a temporary stay because she wants to visit her ailing mother. After much pleading and attestations from her relatives, she was finally let go. If the Administration agrees on the step-by-step approach, the House should be ready. Congress has not yet made a definite framework on how to deal with the issues, or which should go first. Again, resolving issues will take time, and Pres. Obama has the power to act on it based on the perceived urgency of the situation. Works Cited Aljazeera: Obama Draft Immigration Plan draws criticism http://www.aljazeera.com/news/americas/2013/02/201321862155995745.html Benjy Sarlin (18 February 2014). GOP immigration plan isn’t ‘amnesty’ www.msnbc.com/msnbc/boehner-gop-immigration-plan-not-amnesty‎ Center for American Progress. (07 June 2012) The Facts on Immigration Today. http://www.americanprogress.org/issues/immigration/report/2012/07/06/11888/the-facts-on-immigration-today/#today Fortuna, Lisa R. and Porche Michelle. (August 15, 2013.) Clinical Issues and Challenges in Treating Undocumented Immigrants | Psychiatric Times http://www.psychiatrictimes.com/special-reports/clinical-issues-and-challenges-treating-undocumented-immigrants Nakamura, David. (March 6, 2014) Obama: ‘I’m the champion-in-chief’ on immigration reform: http://www.washingtonpost.com/blogs/post-politics/wp/2014/03/06/obama-im-the-champion-in-chief-on-immigration-reform/ MNSBC (31 January 2014) House Republicans release immigration ‘principles’ www.msnbc.com/msnbc/house-gop-unveils-immigration-proposal Passel, J.S, Cohn, D’Vera and Barrera, Ana G. (Sept. 23, 2013) Population Decline of Unauthorized Immigrants Stalls, May Have Reversed. PEW Research Hispanic Trends Project. http://www.pewhispanic.org/2013/09/23/population-decline-of-unauthorized-immigrants-stalls-may-have-reversed/ Preston, Julia. (Sept. 24, 2013) Number of Illegal Residents in the U.S. may be on the rise again estimates say. www.nytimes.com/2013/09/24/us/immigrant-population-shows-signs-of-growth-estimates-show.html Ran, Tiffany. (September 29, 2011). The undocumented immigrants – their daily challenges, their fears, and their hopes for the future. Northeast Asian Weekly The Hill. Groups Raise Pressure on Obama over Deportations. http://thehill.com/homenews/house/200247-groups-raise-pressure-on-obama-over-deportations The Terminal (2004) www.imdb.com/title/tt0362227/‎ White House. Immigration. Creating an Immigration System for the 21st Century http://www.whitehouse.gov/issues/immigration Read More